AMARENDRA ROY CHOUDHARY Vs. KUNJ BIHARI ROY

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for O.P. Nos. 1 and 4, learned counsel for O.P. Nos. 2 and 3.

(2.) Petitioner is Defendant No. 2 in Title Suit No. 221 of 1996 which was filed by Opposite party Nos. 1 to 4 for partition of the suit properties.

(3.) Defendant-petitioner is aggrieved by order dated 1.8.2003 passed in the aforesaid suit by which learned sub-Judge-III, Buxar, refused to consider his petition under Order XII, Rule 6 of the Code of Civil Procedure and all the defendants were given liberty to raise the said point at the time of argument after closure of the evidence.